Wednesday, July 28, 2010

Did Chris Dodd Just Admit Berwick Appointment Was a “Fundamental Mistake?”

I wanted to call your attention to some comments Sen. Dodd made to Talking Points Memo yesterday.  He was asked about the potential candidacy of Elizabeth Warren to head the consumer financial protection bureau created in the financial “reform” legislation – and specifically whether President Obama should give Ms. Warren a recess appointment when the Senate adjourns for its August recess.  Here’s how the Senator responded:

“I think that would be a huge mistake,” Dodd said, in response to a question from TPMDC. “Recess appointments. No, no, no.”

“I think those are, you know, Republicans used to do it, I think that’s a mistake,” Dodd added. “Except in the most extreme circumstances where you need someone because of an emergency pending, but as a routine matter, I think it’s a fundamental mistake.”

It would be hard to classify Dr. Berwick’s recess appointment to head the Centers for Medicare and Medicaid Services (CMS) as one of the “most extreme circumstances.”  The White House waited 454 days before nominating Dr. Berwick – leaving the massive agency leaderless at a time when major health care legislation was being debated and implemented.  Any position where the President waits 15 months to name a nominee would by any standard be considered a “routine matter” – meaning that according to Sen. Dodd’s logic, the President’s controversial recess appointment of Dr. Berwick without any public scrutiny could be considered a “fundamental mistake.”